A5179

An Act concerning the testing of fire dampers, smoke dampers, and smoke control systems in certain buildings and supplementing P.L.1983, c.383 (C.52:27D-192 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. P.L. , c. (C. ) (pending before the Legislature as this bill), shall be known and may be cited as the “Fire Life Safety Damper and Smoke Control System Inspection Verification Act.”

2. The Legislature finds and declares that:

a. Studies have shown that most fire deaths are not caused by burns but instead by smoke inhalation. In addition to being toxic, smoke obstructs light and limits visibility, which in turn increases the time it takes a building’s occupants to get to safety.

b. In the event of a fire, smoke control systems can help a building’s occupants avoid smoke when evacuating a building.

c. Faulty and inoperable fire dampers, smoke dampers, and smoke control systems are likely to exist without periodic inspection and testing as required by law and applicable industry codes and standards. A 2021 University of Maryland study entitled the “Reliability of Fire Dampers, Smoke Dampers and Smoke Control Systems” found a majority of fire life safety dampers inspected, in over 1,100 buildings, needed repair or replacement.

d. Without periodic testing as required by applicable industry codes and standards, faulty and inoperable smoke control systems and fire life safety dampers are likely to exist in New Jersey buildings.

e. The failure of building owners to properly perform periodic inspection and testing of fire dampers, smoke dampers, and smoke control systems is detrimental to the health, safety, and welfare of the people of New Jersey and the dwellings and businesses thereof, and visitors thereto.

f. New Jersey does not currently enforce the requirement that smoke control systems and fire life safety dampers be subject to a routine maintenance and periodic testing program, nor establish any minimum standards for inspectors performing such maintenance and physical periodic testing.

3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Approved skill training program” or “program” means a Class A apprenticeship training program that is registered with, and approved by, the United States Department of Labor or a State apprenticeship agency, involving at least 8,000 hours of documented practical experience in the installation, maintenance, and servicing of HVAC systems and providing both apprenticeship training and training to upgrade skills of journey persons in the skills of the HVAC industry, including those relating to fire safety equipment.

“Combination fire and smoke damper” means a device that meets both the fire damper and smoke damper requirements.

“Dedicated smoke control system” means a smoke control system and components that are installed for the sole purpose of providing smoke control and that upon activation of the systems operate specifically to perform the smoke control function.

“Department” means the Department of Community Affairs.

"Enforcing agency" means the department, a municipal or county department or agency, or a fire district which has been authorized by municipal ordinance to enforce the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.).

"Fire damper" means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame; and includes devices installed in air conditioning systems to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flames. A fire damper shall also include a combination fire and smoke damper system.

“Fire life safety damper” means fire dampers, smoke dampers, and combination fire and smoke dampers.

“Fire life safety damper testing” means testing and inspection activities, including all physical and visual testing of fire life safety dampers necessary to ensure the proper functioning, as required by the Uniform Fire Safety Code, and the standards adopted pursuant to the Uniform Fire Safety Code concerning fire doors and other protective openings under NFPA 80, smoke door assemblies and other opening protectives under NFPA 105, smoke control systems under NFPA 92, and applicable engineering specifications.

“HVAC” means heating, ventilation, and air conditioning.

“ICB” means International Certification Board.

“IEC” means the International Electrotechnical Commission

“IFC” means the most recent “International Fire Code – New Jersey Edition,” published by the International Code Council.

“ISO” means International Organization for Standardization.

“Non-dedicated smoke control system” means a smoke control system that shares components with some other system, such as the building HVAC system, which changes its mode of operation to achieve the smoke-control objective.

“NFPA” means National Fire Protection Association.

“Smoke control system” means an engineered system that includes all methods that can be used singly or in combination to modify smoke movement, including engineered systems that use mechanical fans to produce pressure differences across smoke barriers to inhibit smoke movement.

“Smoke control system testing” means testing and inspection activities, including all physical and visual testing of smoke control systems necessary to ensure the proper functioning, as required by the Uniform Fire Safety Code, and the standards adopted pursuant to the Uniform Fire Safety Code concerning fire doors and other protective openings under NFPA 80, smoke door assemblies and other opening protectives under NFPA 105, smoke control systems under NFPA 92, and applicable engineering specifications.

“Smoke damper” means a device within an air distribution system to control the movement of smoke, and includes devices installed in air conditioning systems to control the movement of smoke. A smoke damper shall also include a combination smoke and fire damper system.

“TAB” means testing, adjusting, and balancing of an HVAC system.

“TABB” means Testing, Adjusting and Balancing Bureau of the International Certification Board.

“Uniform Fire Safety Code” means the code promulgated pursuant to P.L.1983, c.383 (C.52:27D-192 et seq.).

4. a. An owner of a building, other than a single-family, two-family, or attached single-family structure used exclusively for dwelling purposes, shall be responsible for ensuring that fire dampers, smoke dampers, and combination fire and smoke dampers required to be installed in a building pursuant to the State Uniform Construction Code adopted pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), are inspected and tested as required by the applicable standards adopted pursuant to the Uniform Fire Safety Code. Fire dampers, smoke dampers, and combination fire and smoke dampers shall be periodically inspected and tested no less than once after the first year of installation and once every four years thereafter, except for hospitals. Fire dampers, smoke dampers, and combination fire and smoke dampers in hospitals shall be periodically inspected and tested no less than once after the first year of installation and once every six years thereafter. The periodic testing of fire dampers, smoke dampers, and combination fire and smoke dampers shall include the visual inspection method in accordance with NFPA 80 concerning fire doors and other protective openings, and NFPA 105 concerning smoke door assemblies and other opening protectives. The remote inspection method, as defined in NFPA 80 concerning fire doors and other protective openings, and NFPA 105 concerning smoke door assemblies and other opening protectives, shall not be used in place of visual inspection for the periodic testing required pursuant to this subsection. All fire and smoke dampers shall be tested, per the aforementioned schedule, regardless of location.

b. In buildings other than single-family, two-family, and attached single-family structures used exclusively for dwelling purposes, a building owner shall subject a newly installed smoke control system to smoke control system testing. Dedicated smoke control systems shall be tested at least semiannually. Non-dedicated smoke control systems shall be tested at least annually. Testing of smoke control systems shall include tests to determine airflow quantities and pressure differences are code compliant, including at the following locations: (1) across smoke barrier openings; (2) at the air makeup supplies; and (3) at smoke exhaust equipment.

c. The Commissioner of Community Affairs shall, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52: 14B-1 et seq.), adopt such rules and regulations as may be necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill), including establishing routine maintenance and operational testing schedules. The rules and regulations of the commissioner shall permit inspections required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) to be conducted as a part of inspections required pursuant to the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), or other required inspections.

5. The owner of a building subject to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall adhere to the routine maintenance and periodic testing schedule for the building, to commence immediately after the smoke dampers, fire dampers, combination fire and smoke dampers and smoke control systems have passed the applicable tests. A building owner shall establish a written schedule for routine maintenance and periodic testing pursuant to the testing schedule required pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

6. a. A contractor that provides smoke damper, fire damper, and combination fire and smoke damper testing services shall hold an ICB Fire and Smoke Damper Contractor certification or equivalent certification from an organization that has been accredited under the ISO/IEC 17024 Personnel Certification standard in HVAC Fire Life Safety Damper inspections, or an equivalent accreditation authorized by a rule or regulation of the department. A contractor that provides smoke control systems testing services shall hold an ICB Smoke Control System Contractor certification or equivalent certifications from an organization that has been accredited under the ISO/IEC 17024 Personnel Certification standard in HVAC Smoke Control System inspections, or an equivalent accreditation authorized by a rule or regulation of the department.

b. A person performing smoke dampers, fire dampers, and combination fire and smoke dampers testing services shall:

(1) be employed by an enforcing agency or by a contractor certified in accordance with subsection a. of this section;

(2) have successfully completed an approved skill training program, as defined in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), or be enrolled in an approved skill training program and be working under the supervision of a person having completed such a program; and

(3) hold a certification from the ICB as a Fire and Smoke Damper Technician or an equivalent certification from an organization that has been accredited under the ISO/IEC 17024 Personnel Certification standard in HVAC Life Safety Damper inspections or Smoke Control System inspections, or an equivalent accreditation authorized by a rule or regulation of the department. Smoke Control Systems technicians shall also be a certified TAB technician by an industry recognized certifying agency.

c. A person performing smoke control system testing services shall:

(1) be employed by an enforcing agency or by a contractor certified in accordance with subsection a. of this section;

(3) hold a certification from the ICB as a Smoke Control Systems Technician or an equivalent certification from an organization that has been accredited under the ISO/IEC 17024 Personnel Certification standard in HVAC Smoke Control System inspections, or an equivalent accreditation authorized by a rule or regulation of the department; and

(4) be a certified TAB technician by the Associated Air Balance Council, the National Environmental Balancing Bureau, or TABB.

7. a. If the smoke dampers, fire dampers, combination fire and smoke dampers, and smoke control systems pass the applicable inspections and tests, the person performing the inspection or test shall execute a compliance certification which shall verify the compliance and provide:

(1) the name of the individual conducting the inspection or test and that person's employer;

(2) the name of the building owner and address of the property;

(3) the location of all smoke dampers, fire dampers, combination fire and smoke dampers, and smoke control systems inspected or tested; and

(4) the date of the inspection or test.

The building owner shall maintain a copy of the compliance certification on the building property and make the certification available for inspection upon request.

b. In the event an inspection or test reveals deficiencies in smoke dampers, fire dampers, combination fire and smoke dampers, or smoke control systems, the person who conducted the inspection or test shall prepare a deficiency report for the building owner identifying the nature of the deficiency and reasons for non-compliance. The deficiency report shall also contain:

(1) the name of the individuals conducting the inspection or test and that person's employer;

(2) the name of the building owner and address of the property;

(3) the location of all fire dampers, smoke dampers, combination fire and smoke dampers, and smoke control systems inspected or tested; and

(4) the date of the inspection or test.

The building owner shall, without delay, take the necessary steps to ensure the defective equipment is replaced or repaired and that compliance with the applicable inspection and testing requirements has been achieved. A building that does not achieve compliance within 30 days shall be deemed in violation of this section.

c. The building owner shall post a notice of verification of the testing and inspection of fire dampers, smoke dampers, combination fire and smoke dampers, and smoke control systems in the outside lobby window of the building or other area clearly visible to the public. The verification shall state the address of the building and the date of the last fire damper inspection, smoke damper inspection, and smoke control system inspection, and the date that each inspection expires, as follows:

VERIFICATION OF FIRE SAFETY BUILDING INSPECTION

Building Address: ____________________________________

Date of Last Inspection of Fire Dampers, Smoke Dampers, and Combination Fire and Smoke Dampers: ______________________

Pass: Yes / No. Date of Expiration of Inspection: _______________________________________________________

Name of Inspector: _______________________________________

Date of Last Inspection of Smoke Control Systems: ______________

Pass: Yes / No. Date of Expiration of Inspection: _________________

Name of Inspector: _______________________________________

d. A written record of smoke control system testing and maintenance shall be maintained on the premises. The written record shall include the date of the maintenance, identification of the servicing personnel, and notification of any unsatisfactory condition and the corrective action taken, including parts replaced.

8. a. Building owners shall submit copies of all valid operation certificates to the department showing they are in compliance with the testing requirements of P.L. , c. (C. ) (pending before the Legislature as this bill) within 30 days of obtaining the certificate. The department shall commence enforcement actions, pursuant to section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill), for any instance of non-compliance and review compliance when conducting investigations of buildings for other reasons.

b. When the department or local enforcing agency acting pursuant to department regulations conducts the annual fire inspection of any building that is subject to P.L. , c. (C. ) (pending before the Legislature as this bill), it shall inspect the building owner’s certificate of operation for smoke dampers, fire dampers, combination fire and smoke dampers, and smoke control system to ensure it complies with the requirements of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill) and commence enforcement actions if the department or local enforcing agency finds any violations. A local enforcing agency that discovers a building owner’s non-compliance shall report this non-compliance to the department.

9. a. A person who violates any provision of P.L. , c. (C. ) (pending before the Legislature as this bill) or the technical codes or regulations adopted thereunder, or who shall erect, construct, install, remove, alter or repair a structure, mechanical equipment or system in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), or the technical codes shall be fined an amount to be determined by the Commissioner of Community Affairs pursuant to the authority pursuant to section 2 of P.L.1991, c.489 (C.52:27D-198.5). A fine imposed pursuant to this section shall be at least $150 for each offense. Each day of non-compliance shall constitute a separate violation for which a separate fine shall be assessed.

b. The Commissioner of Community Affairs or the enforcing agency, as applicable, may collect the penalty established pursuant to subsection a. of this section following issuance of an administrative penalty order. If the administrative penalty order has not been satisfied by the 30th day after its issuance, the penalty may be sued for, and recovered by and in the name of the commissioner or the enforcing agency, as the case may be, in a civil action by a summary proceeding under "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in the Superior Court or municipal court.

10. This act shall take effect upon the adoption of the rules and regulations required pursuant to subsection c. of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) establishing routine maintenance and operational testing schedules, or one year after enactment, whichever comes first.

STATEMENT

This bill establishes the “Fire Life Safety Damper and Smoke Control System Inspection Verification Act.” The bill defines a smoke control system as a system that helps contain, minimize, or reroute the flow of smoke through a building which also helps create safer egress routes for building occupants and emergency response teams. The bill differentiates between dedicated and non-dedicated smoke control systems. The bill also defines a fire damper as a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame; and includes devices installed in air conditioning systems to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flames. A fire damper also includes a combination fire and smoke damper system.

Under the bill, a newly-installed smoke control system in buildings other than single-family, two-family, and attached single-family structures used exclusively for dwelling purposes, is subject to fire and life safety system testing as follows:

Smoke Control Systems

· non-dedicated smoke control systems will be subject to smoke control system testing every six months; and

· dedicated smoke control systems will be subject to smoke control system testing every 12 months.

Fire Life Safety Dampers

· fire dampers, smoke dampers, and fire combination fire and smoke dampers are required to be inspected and tested no less than once after the first year of installation and once every four years thereafter, except for hospitals.

· Fire dampers, smoke dampers, and combination fire and smoke dampers in hospitals are required to be periodically inspected and tested no less than once after the first year of installation and once every six years thereafter.

The bill provides that smoke dampers, fire dampers, combination fire and smoke dampers, and smoke control systems are to be maintained and tested in accordance with the manufacturer’s instructions, maintained, and required periodic inspections.

Under the bill, a contractor and associated technician that provides smoke dampers, fire dampers, combination fire and smoke dampers, and smoke control systems testing services is required to hold certain certifications, as specified in the bill.

A person performing smoke dampers, fire dampers, combination fire and smoke dampers, and smoke control systems testing services is required to:

· be employed by a certified contractor or an enforcing agency;

· have successfully completed an approved skill training program or be enrolled in an approved skill training program and be working under the supervision of a person having completed such a program; and

· hold the appropriate certification from the ICB as an Fire and Smoke Damper Technician, Smoke Control System Testing Technician, or an equivalent certification from an organization that has been accredited under the ISO/IEC 17024 Personnel Certification standard in HVAC Fire Life Safety Damper inspections or Smoke Control System inspections, or an equivalent accreditation authorized by a rule or regulation of the department.

The bill establishes processes for certifying buildings tested under the bill, and subjects building owners to certain penalties for violations.